32-12A-11. Knowledge and skills tests required--Waiver--Restrictions--Violation as misdemeanor.
No person may be issued a commercial learner's permit unless that person is a resident of this state and has passed the required knowledge test. No person may be issued a commercial driver license unless that person is a resident of this state, has received driver training from a provider listed on the Training Provider Registry established by the Federal Motor Carrier Safety Administration pursuant to 49 C.F.R. Part 380, Subpart G, as of September 30, 2019, has passed a knowledge and skills test for driving a commercial motor vehicle that complies with the minimum federal standards established by federal regulation enumerated in 49 C.F.R. Part 383, Subparts G and H, as of September 30, 2019, and has satisfied all other requirements of the CMVSA in addition to other requirements imposed by state law or federal regulation. The tests shall be prescribed and conducted by the department.
The department may authorize a person, an employer, a private driver training facility, other private institution, a department, agency, or instrumentality of local government, of this state or another state, to administer the skills test specified by this section, if:
(1)The test is the same which would otherwise be administered by the department;
(2)The third party has entered into an agreement with the department that complies with requirements of 49 C.F.R. Part 383.75 as of September 30, 2019. Failure to comply with the agreement may result in termination of the agreement; and
(3)The third party, prior to administering the skills test to any person, verifies the person has completed the driver training specified in this section.
The department may waive the knowledge and skills tests specified in this section for a commercial driver license applicant who meets the requirements of 49 C.F.R. Part 383.77 as of September 30, 2019.
No commercial learner's permit or commercial driver license may be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle, or while the person's operator's license or driving privilege is suspended, revoked, or cancelled in any state; nor may a commercial driver license be issued to a person who has a commercial driver license, noncommercial driver license, noncommercial instruction permit or commercial learner's permit issued by any other state unless the person first surrenders all such licenses or permits. The department shall destroy any license or permit surrendered under this section. The issuing jurisdiction shall be notified that the licensee has applied for a commercial learner's permit or commercial driver license in a new jurisdiction. A violation of this provision is a Class 2 misdemeanor.
Source: SL 1989, ch 267, §8; SDCL §32-12-87; SL 2001, ch 171, §§80, 115; SL 2004, ch 213, §3; SL 2005, ch 167, §11, eff. Sept. 30, 2005; SL 2007, ch 182, §4; SL 2010, ch 161, §3; SL 2011, ch 144, §3; SL 2015, ch 168, §9; SL 2021, ch 135, § 1.
Structure South Dakota Codified Laws
Chapter 12A - Commercial Drivers Licenses And Permits
Section 32-12A-1 - Definitions.
Section 32-12A-2 - Construction of this chapter with general driver licensing provisions.
Section 32-12A-3 - Drivers of commercial vehicles limited to one license.
Section 32-12A-5.1 - Proceeding against employer by state's attorney.
Section 32-12A-7 - Qualifications of commercial motor vehicle drivers.
Section 32-12A-8.2 - Out-of-service order for motor carrier operation--Violation--Misdemeanor.
Section 32-12A-9 - Operators exempt from provisions of chapter.
Section 32-12A-10 - Adoption of rules regarding farm exemption of 32-12A-9.
Section 32-12A-13 - Nondomiciled commercial learner's permit or commercial driver license.
Section 32-12A-14 - Requirements of application.
Section 32-12A-14.2 - Applicants permitted three attempts to pass license examination.
Section 32-12A-15 - Commercial driver license fee--Additional fees.
Section 32-12A-16 - Issuance of duplicate license.
Section 32-12A-18 - Disqualification of commercial driving privileges for use of false information.
Section 32-12A-20 - Form and contents of commercial driver license.
Section 32-12A-20.1 - Social security number on license prohibited.
Section 32-12A-20.2 - Veteran designation on license or permit.
Section 32-12A-22 - License endorsements.
Section 32-12A-23 - Driver license and learner's permit restrictions.
Section 32-12A-23.1 - Additional learner's permit restrictions.
Section 32-12A-24 - Qualifications of school bus drivers.
Section 32-12A-24.3 - Blood glucose level checks of driver with insulin-treated diabetes mellitus.
Section 32-12A-25 - Prior convictions information required on school bus operator application.
Section 32-12A-29 - Notification to commercial driver license information system.
Section 32-12A-30 - Expiration of license.
Section 32-12A-34 - Reciprocal suspension, revocation, and disqualification.
Section 32-12A-37 - Disqualification for life for multiple violations of 32-12A-36--Reduction.
Section 32-12A-45 - Persons authorized to withdraw blood to determine alcohol content--Liability.
Section 32-12A-48 - Promulgation of rules.
Section 32-12A-49 - Agreements, arrangements, or declarations permitted.
Section 32-12A-56 - Violation of out-of-service order--Civil penalty against driver.
Section 32-12A-57 - Violation of out-of-service order--Civil penalty against employer.
Section 32-12A-58 - Adoption of Title 49 C.F.R., chapter 3, subpart B, parts 383 and 384.
Section 32-12A-59 - Disqualification for conviction of first grade crossing violation.
Section 32-12A-60 - Disqualification for second grade crossing conviction.
Section 32-12A-61 - Disqualification for third or subsequent grade crossing conviction.
Section 32-12A-64 - Convictions for traffic violations to appear on driver's record.
Section 32-12A-67 - Bond requirement for third-party testers--Exceptions.